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2025 DAILYLAW 87248 (PAT)

Rakesh Kumar v. The State of Bihar

CR. MISC./86810/2024 · 2025-07-14

Smt Soni Shrivastava

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86810 of 2024 Arising Out of PS. Case No.-610 Year-2023 Thana- PALIGANJ District- Patna ====================================================== 1. Rakesh Kumar Son of Satyendra Yadav Resident of Village - Karnpura, Police Station - Sigari, District - Patna 2. Ajit Kumar Son of Ashok Yadav Resident of Village - Kashopur, Police Station - Paliganj, District - Patna 3. Ranjan Kumar Son of Vakil Yadav Resident of Village - Sukhibigha, Police Station and District - Arwal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar For the Informant Mrs. Priya Gupta Mrs. Sakshi Kumari For the State : Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 14-07-2025 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant. 2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 307, 120B of the Indian Penal Code and Section 27 of the Arms Act. 3. The allegation in the first information report is that all the accused persons intercepted the informant on way along with some unknown people and forcibly took the keys of the motorcycle whereafter Ranjan Kumar and Ajit Kumar pointed Patna High Court CR. MISC. No.86810 of 2024(5) dt.14-07-2025 2/3 pistols at the informant while Ajit Kumar opened fire to which the informant narrowly skipped. 4. Learned counsel for the petitioners submits that the first information report itself would demonstrate that there was a land dispute between the parties and the petitioners are the relatives of the informant. So far as petitioner no. 3 is concerned, the allegation is only of pointing pistol whereas the allegation on petitioner no. 2 is that of opening fire to which the informant narrowly skipped. The injury report of the informant reveals that there are many small blackened spots on the left upper limb, however, there is no entry and exit wound found. The doctor has opined that the injuries are that of burn injuries caused by firecrackers and are also simple in nature. Hence, no offence under Section 307 of the IPC is made out against the petitioners. 5. Learned counsel for the informant, however, strongly opposes the application for anticipatory bail on the ground that the firearm had been used in the incident and the informant is also otherwise normally disturbed by these accused persons for which earlier also the informant had filed a case against them. 6. Taking into consideration the rival contentions Patna High Court CR. MISC. No.86810 of 2024(5) dt.14-07-2025 3/3 especially the injury report, let the above named petitioner nos. 2 and 3 in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Paliganj P.S. Case No. 610 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. subject to the further conditions: (I) One of the bailors would be the family member or relative. (II) The petitioners will cooperate with the Investigating Agency and will appear before the Investigation Officer as and when required. (III) The petitioners would not indulge in any act of threatening the informant. devendra/- (Soni Shrivastava, J) U T